Akhtari Begum v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10282 of 2022 Arising Out of PS. Case No.-18 Year-2020 Thana- KAMTAUL District- Darbhanga ====================================================== 1.

AKHTARI BEGUM WIFE OF ALE HUSSAIN R/O VILLAGEDHARAMPUR, P.S.- KAMTAUL, DISTRICT- DARBHANGA 2.

SHAISTA PARVEEN @ SAHISTA BEGUM D/O- ALE HUSSAIN R/O VILLAGE- DHARAMPUR, P.S.- KAMTAUL, DISTRICT- DARBHANGA 3.

SAMIDA KHATOON @ SAMBIDA BEGUM @ SAMBIDA KHATOON WIFE OF MD. SABIR R/O VILLAGE- DHARAMPUR, P.S.- KAMTAUL, DISTRICT- DARBHANGA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Iqbal Asif Niazi, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-09-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and are women and the informant alleges that a land dispute was existing between informant and Aale Hussain for the last six months, wherein even after Panchayati, the accused persons wanted to capture the informant's land, it is next alleged that on

Patna High Court CR. MISC. No.10282 of 2022(2) dt.06-09-2022 2/3 16.01.2020 at about 10:00 AM, when the informant was working in her house which was under construction when four accused persons came and started abusing her, further to which the informant opposed when Aale Hussain dashed the informant on the ground by holding her hair and thereafter all the accused assaulted with shaft and lathi injuring the informant on stomach, chest and head.

Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case, they are family members of Aale Hussain and as such they have been implicated without alleging in the specific overt act against them, as allegation of assault is specific against the named accused persons, as detailed in the FIR. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where

Patna High Court CR. MISC. No.10282 of 2022(2) dt.06-09-2022 3/3 the case is pending/successor court in connection with Kamtaul P.S. Case No. 18 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Shivam/- U T